{"id":45719,"date":"2024-01-09T11:04:06","date_gmt":"2024-01-09T11:04:06","guid":{"rendered":"https:\/\/news.pakistaninewspaperlist.com\/ecp-just-a-record-keeper-does-not-have-power-to-revoke-electoral-symbol-pti-lawyer-tells-phc\/"},"modified":"2024-01-09T11:04:06","modified_gmt":"2024-01-09T11:04:06","slug":"ecp-just-a-record-keeper-does-not-have-power-to-revoke-electoral-symbol-pti-lawyer-tells-phc","status":"publish","type":"post","link":"https:\/\/pakistaninewspaperlist.com\/news\/ecp-just-a-record-keeper-does-not-have-power-to-revoke-electoral-symbol-pti-lawyer-tells-phc\/","title":{"rendered":"ECP just a \u2018record keeper\u2019, does not have power to revoke electoral symbol, PTI lawyer tells PHC"},"content":{"rendered":"<p><\/p>\n<div dir=\"auto\">\n<p>PTI\u2019s Barrister Ali Zafar on Tuesday contended that the Election Commission of Pakistan (ECP) was just a \u201crecord keeper\u201d and did not have the power to strip a political party of its electoral symbol as the Peshawar High Court (PHC) took up a petition challenging the watchdog\u2019s decision to revoke the PTI\u2019s \u2018bat\u2019 symbol and nullify its internal polls.<\/p>\n<p>On December 22, the ECP had <a href=\"https:\/\/www.dawn.com\/news\/1800094\">decided<\/a> against letting PTI retain its electoral symbol for the February 8 election, saying that it had failed to hold intra-party polls \u2014 which saw Barrister Gohar Ali Khan <a href=\"https:\/\/www.dawn.com\/news\/1794477\">becoming<\/a> the PTI chairman \u2014 according to its prevailing constitution and election laws.<\/p>\n<p>Subsequently, the PTI had approached the PHC. On Dec 26, the PHC had <a href=\"https:\/\/www.dawn.com\/news\/1801017\/peshawar-high-court-hands-bat-back-to-pti\">suspended<\/a> till Jan 9 the ECP\u2019s declaration of the PTI\u2019s intra-party polls as unconstitutional as well as the subsequent revocation of the \u2018bat\u2019 symbol. It had also noted that general elections were scheduled for February 8 and the last date for allotment of election symbols was January 13.<\/p>\n<p>On Dec 30, the electoral watchdog had <a href=\"https:\/\/www.dawn.com\/news\/1801894\">filed<\/a> a review petition in the PHC, <a href=\"https:\/\/www.dawn.com\/news\/1802782\/court-overstepped-jurisdiction-in-bat-case-ecp-lawyer\">arguing<\/a> that the court had overstepped its jurisdiction. Days later, in a major blow for the PTI, the high court <a href=\"https:\/\/www.dawn.com\/news\/1802878\">restored<\/a> the ECP\u2019s <a href=\"https:\/\/www.dawn.com\/news\/1800094\">December 22 order<\/a> that had stripped the party of its symbol.<\/p>\n<figure class=\"media  sm:w-1\/2  w-full  media--right  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:400px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1802878\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>Subsequently, the PTI <a href=\"https:\/\/www.dawn.com\/news\/1803185\">moved<\/a> the Supreme Court against the restoration of the ECP ruling, which has been <a href=\"https:\/\/www.dawn.com\/news\/1804128\">fixed<\/a> for hearing on January 11 (Thursday).<\/p>\n<p>Today, Justice Ejaz Anwar and Justice Syed Arshad Ali took up the plea.<\/p>\n<p>Prior to the hearing, the PTI Lawyers\u2019 Forum informed the court that party counsels Gohar and Barrister Ali Zafar would arrive by 12:30pm, requesting it to wait till then to begin the hearing.<\/p>\n<h2><a id=\"the-hearing\" href=\"#the-hearing\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>The hearing<\/h2>\n<p>When the hearing began after the requested time, Advocate Qazi Anwar informed the PHC that Gohar and Zafar would reach the court in \u201cfive to ten minutes\u201d.<\/p>\n<p>At this, Justice Anwar expressed displeasure, asking, \u201cAre you not interested? We have been waiting since the morning for them.<\/p>\n<p>\u201cWhen our cases were fixed at the Supreme Court, we used to reach there early in the morning,\u201d he added. Qazi again sought more time from the judges, assuring the court that the PTI leaders were to arrive soon.<\/p>\n<p>\u201cWhat manner is this that the [court] bench is being kept waiting?\u201d Justice Anwar asked. The court noted that the ECP had submitted its response and that the hearing would begin once the PTI lawyers had arrived.<\/p>\n<p>Here, Justice Anwar directed that the lawyers objecting to the PTI\u2019s intra-party polls and electoral symbol should also be summoned. Noting that the objectors included Akbar S. Babar, the judge asked about his absence.<\/p>\n<p>At one during the hearing, Jahangir Raza, also challenging the party\u2019s intra-party polls, said his counsel was not coming to the court due to strike. To this, Justice Anwar remarked, \u201cThis is a court. We have nothing to do with a strike.\u201d<\/p>\n<p>Here, the ECP informed the court that it would the electoral symbols would be allotted to the candidates on January 13 (Saturday).<\/p>\n<p>\u201cIf there is no symbol allotted to the PTI, their candidates would be considered independent,\u201d ECP counsel Sikandar Shah Mohmand said.<\/p>\n<figure class=\"media  sm:w-1\/2  w-full  media--right  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:400px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1800094\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>He added that the interim relief of a stay order on the electoral watchdog\u2019s December 22 ruling had ended today.<\/p>\n<p>Here, Justice Ali asked, \u201cCan this matter be solved if we make a decision today? A case in the Supreme Court would not be needed?\u201d The ECP lawyer replied that the matter would not reach the apex court then.<\/p>\n<p>When Qazi, the PTI lawyer, apologised to the PHC for the delay in Ali\u2019s arrival, Justice Anwar directed him to tell the PTI leader that they would not wait further and gave a break in the hearing till 1:15pm.<\/p>\n<p>When the hearing resumed, Barrister Zafar and Gohar appeared before the court and apologised for their late arrival.<\/p>\n<p>In his arguments, Zafar recalled that those objecting to the PTI\u2019s intra-party polls held in June 2022 had demanded that the party hold the elections again.<\/p>\n<p>He argued that the PTI had submitted a record of its intra-party polls to the ECP, adding, \u201cThe election commission began raising questions on it later on.\u201d<\/p>\n<p>The PTI lawyer contended that none of those who had challenged the party polls were PTI members. \u201cOur 800,000 voters do not include the names of the objectors,\u201d he said.<\/p>\n<p>Here, the ECP counsel said the petitioners had argued that the PTI\u2019s intra-party polls had not been held according to the party\u2019s constitution.<\/p>\n<p>\u201cThe PTI will be deprived of its share from 227 specific seats,\u201d Barrister Zafar said, adding that if the \u2018bat\u2019 symbol was taken away from the party, it would be rendered dormant.<\/p>\n<p>At this, Justice Ali asked the PTI counsel if his objection was on the matter of intra-party polls not falling within the ECP\u2019s jurisdiction. \u201cIf a decision is not made today, hundreds of thousands of people will be deprived of the rights of a [political] party,\u201d Zafar argued.<\/p>\n<p>The ECP lawyer then claimed that \u201cno one was allowed to take part\u201d in the party elections and that \u201ceverything was decided from before\u201d.<\/p>\n<p>\u201cCan intra-party polls be held if electoral symbols still have to be allotted on January 13?\u201d, Justice Ali asked Mohmand, to which he replied that the PTI had not sought nomination papers from any candidate.<\/p>\n<p>Here, the PHC asked the parties if the hearing should be adjourned till Thursday, at which Zafar requested the court to restore the interim relief given earlier.<\/p>\n<p>However, Justice Anwar refused to grant the same, stating that the \u201cinterim relief was the final request\u201d. Zafar then said the party would not be able to provide the ECP with the list of its candidates as the symbols have to be allotted on January 13. The court then directed him to continue his arguments.<\/p>\n<p>Subsequently, the PTI counsel read out loud the ECP\u2019s order on PTI\u2019s intra-party polls, highlighting that the party had held its internal elections on the electoral watchdog\u2019s orders which resulted in Barrister Gohar being elected as the chairman.<\/p>\n<p>\u201cBarrister Gohar signed on record and submitted it to the ECP,\u201d Zafar said, adding that the commission did not have the power to declare the intra-party polls null and void.<\/p>\n<p>\u201cEven if intra-party elections are not held, the ECP cannot snatch a party\u2019s electoral symbol,\u201d he argued. \u201cThe ECP is only a record keeper.\u201d<\/p>\n<p>He further pointed out that the only objection raised by the commission to the party\u2019s intra-party polls was that the appointment of the chairman was not done properly. \u201cThe ECP\u2019s verdict is based on malafide and should be nullified,\u201d Zafar pleaded.<\/p>\n<p>After the PTI counsel wrapped up his arguments, the court adjourned the hearing for 15 minutes.<\/p>\n<hr\/>\n<p><em>More to follow<\/em><\/p>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>PTI\u2019s Barrister Ali Zafar on Tuesday contended that the Election Commission of Pakistan (ECP) was just a \u201crecord keeper\u201d and did not have the power to strip a political party of its electoral symbol as the Peshawar High Court (PHC) took up a petition challenging the watchdog\u2019s decision to revoke the PTI\u2019s \u2018bat\u2019 symbol and [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":45720,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center 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